Blog by an experienced Divorce and Family Law Attorney to educate people with Family Law and Divorce issues, answering questions and explaining complicated matters in a straightforward and understandable way. This blog is a Newsletter, designed for general information only. The information presented in this blog is not, is not intended to be, and shall not be construed to constitute legal advice, nor to create an attorney-client relationship.

Monday, July 23, 2012

QUESTION: I have been married for 10 years now. My husband has not been a good partner and he does not help in paying for our child's expenses. How can I file and process divorce fast?

MY RESPONSE: Retain an experienced Family Law Attorney to represent you. If you can't afford an attorney, investigate reduced-cost divorce lawfirms, or go to the Superior Court's self-help clinic for assistance.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My spouse filed the divorce first. Will she gain any advantage from doing this?

MY RESPONSE: What matters is whose divorce case is served first. The first to serve will get no advantage of significance other than the choice of the venue of your divorce case and getting the first and last argument at trial.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I want to file for divorce from my spouse. I reside out of state due to work. Can I file in my previous state of residence?

MY RESPONSE: If your spouse resides in your previous state of residence, you can file in your spouse’s county in that state.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I am going through a divorce. My husband constantly misses the hearings. Do I gain advantage including in custody?

MY RESPONSE: Most likely. Judicial officers consider that parties who fail to show up at hearings are not interested in the outcomes. The hearing could go forward based on your testimony and evidence alone.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I would like to be separated from my partner and through legal means. I want to make sure he cannot claim anything against me so I want to file legally. How do I do this?

MY RESPONSE: There are no procedures or legal actions available to do what you seek, other than possibly filing a civil case for declaratory relief, but that might invite your partner to make claims against you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I do not want to divorce my husband but I want him to pay the right child support for our daughter.

MY RESPONSE: You could file a case for Legal Separation against your husband, and proceed to resolve all issues (including custody, child support, property division, allocation of debt, and attorney's fees) in that case, while staying legally married to your husband, but he could respond to your Legal Separation case by requesting a Dissolution of Marriage, resulting in a divorce.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My husband is alcoholic and he resorts to spousal abuse. Can I speed up our divorce because of this?

MY RESPONSE: You could seek Domestic Violence Restraining Orders against your husband, which could result in him being excluded from your home, stay-away orders, and other DVRO orders against him, but that won't speed up your divorce. The only way that your divorce could be sped up would be by settling the divorce case, but that may not be possible if you have an abusive alcoholic husband.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: Is there such a thing as fast divorce in California? I want get legal separation immediately. Is there a way for me to get divorce the fastest?

MY RESPONSE: Legal Separation is almost, but not quite the same as a Divorce – all property custody and support issues are resolved in a Legal Separation Judgment, but you remain married – so you likely should seek a Divorce. The Court won't dissolve your marital status until at least six months and a day after your spouse has been served in your divorce case. Settling all issues with your spouse could result in a Divorce Judgment being filed and entered before that period has ended, but the Court would order that marital status will be terminated as of the end of that period.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: In the last 4 months the mother has moved 4 times with out telling the court that she moved. Our son is only 2 years old, and I’m seeing changes in his attitude and moods. Every time she gets upset where she's at, she moves. Now, she wants to move into a halfway house so she can get to section 8. But using the child for this is not good, so can I get full custody?

MY RESPONSE: You would best retain an experienced Family Law Attorney to represent you in your custody case, to file and pursue a Request for Order to modify Child Custody on your behalf. I cannot predict how the Court would rule because the Court would need to consider evidence regarding each party in determining the best interests of the child.

QUESTION: I'm expecting a baby soon and the father and I are no longer together. Will I have to share custody with the father when I'm breast feeding and my baby is so young?

MY RESPONSE: Possibly, at least to some extent. But before he has any orders that he could enforce, he would have to file a Paternity case, and a Request for Order (formally called an Order to Show Cause before July 1, 2012) seeking custody and/or visitation rights. You would best consult with (and preferably retain) an experienced Family Law Attorney to represent you if the dad files a Paternity case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |